[Adopted 11-6-2001 by Ord. No. 1-111601]
This article shall hereafter be known and cited as the "Recreational
Vehicle Regulation Ordinance" of the Township of German.
The purpose of the article is to regulate and control the operation
and use of recreational vehicles within the said Township for the protection
of the health, safety and general welfare of the residents, property owners,
visitors and others within said Township.
The following terms, when used in the within this article, shall have
the following meanings:
Any person engaged in the sale, lease or rental of all terrain vehicles,
four wheel drive vehicles, motorcycles, motor bikes, dirt bikes, three wheelers,
cars, trucks and all other type of recreational vehicle and snowmobiles as
a regular business.
The entire width between the boundary lines of every way publicly
maintained where any part thereof is open to the use of the public for purposes
of vehicular travel.
To ride in or on and to be in actual physical control of the operation
of the recreational vehicle.
Any person who operates or is in actual physical control of a snowmobile
or any other recreational vehicle described in said article.
Means the following:
Person who holds the legal title to a snowmobile or any other recreational
vehicle described in said article.
A vendee or lessee of the snowmobile or any other recreational vehicle
described in said article, which is the subject of an agreement for the conditional
sale or lease thereof with the right of purchase upon performance of the conditions
stated in the agreement and with an immediate right of possession vested in
the conditional vendee or lessee.
A person renting a recreational vehicle or having the exclusive use
of a recreational vehicle.
An individual, partnership, corporation, the state or any of its
agencies or subdivisions, and any body of persons, whether incorporated or
not.
All terrain vehicles, four wheel drive vehicles, motorcycles, motor
bikes, dirt bikes, three wheelers, cars, trucks and any other type of recreational
vehicle and any motor-driven vehicle designed for travel primarily on snow
or ice of a type which utilized sled-type runners or skis, or an endless belt
tread or any combination of these or other similar means of contact with the
surface upon which it is operated.
That portion of a highway less the roadway and any shoulder.
That portion of a highway improved, designated or ordinarily used
for vehicular travel. If a highway includes two or more separate roadways,
the term roadway refers to any such roadway separately, but not to all such
roadways collectively.
That portion of a highway on either side of the roadway which is
normally snowplowed for the safety and convenience of vehicular traffic.
No person shall operate and no owner or dealer shall permit the operation
of all terrain vehicles, four wheel drive vehicles, motorcycles, motor bikes,
dirt bikes, three wheelers, cars, trucks and any other type of recreational
vehicle and snowmobiles under the following conditions, circumstances or at
the following location.
A.
Upon a public highway, land used as a farm or play areas,
or street, or on a public or private parking lot.
B.
On private property not owned, leased or under the control of the operator unless the operator has the express consent of the owner, lessee or other person in control of said property, subject, however, to the provisions of Subsection R.
C.
On public school grounds, parks, playgrounds, recreational
areas, golf courses and other public lands (other than state owned lands where
such operation is authorized by statute), without the express consent of the
public authority in charge of such lands or premises, except where such operation
is absolutely necessary in an emergency when other means of travel are not
feasible or possible.
D.
At a speed greater than is reasonable and proper, having
due regard for conditions then existing.
E.
While under the influence of intoxicating liquor or narcotic
drugs, barbital or any derivative of barbital.
F.
During the hours from 1/2 hour after sunset to 1/2 hour
before sunrise without displaying a lighted headlight and a lighted taillight.
G.
In any forest nursery, planting area, or public lands
posted or reasonably identifiable as an area of forest reproduction when growing
stock may be damaged or as a natural dedicated area.
H.
On the frozen surface of public waters within 100 feet
of a person, including, but not limited to, a skater, not in or upon a snowmobile
or recreational vehicle, or within 100 feet of a fishing shanty or shelter,
except at the minimum speed, or on an area which has been cleared of snow
for skating purposes unless the area is necessary for access to the frozen
public water.
I.
Unless the recreational vehicle is equipped with a muffler
in good working order and in constant operation from which noise emission
at 50 feet at right angles form the vehicle path under full throttle does
not exceed 86 DBA (decibels on the "A" scale) on a sound meter having characteristics
defined by American Standards Association SI, 4-1966 "General Purpose Sound
Meter," as amended.
J.
Within 100 feet of a dwelling between 12:00 midnight
and 6:00 a.m., at a speed greater than minimum required to maintain forward
movement of the vehicle.
K.
In or upon premises which are fenced, otherwise enclosed
in or a manner to exclude intruders, private property, nonposted, in a conspicuous
manner or when notice against trespass is personally communicated to the operator
by the owner of the premises or other authorized persons.
L.
In any area on which public hunting is permitted during
the season open to the taking of deer with firearms from 7:00 a.m. to 11:00
a.m. and from 2:00 p.m. to 5:00 p.m., except during an emergency for lawful
enforcement purpose, to go to and from a permanent residence or a hunting
camp otherwise inaccessible by conventional wheeled vehicle or for the conduct
of necessary work functions involving land and timber survey, communication
and transmission line patrol and timber harvest operations, or on the operator's
own property under his control or as an invited guest of an owner or person
in control of said property.
M.
While transporting a bow, unless unstrung, or a firearm,
unless securely encased or equipped with and made inoperative by a manufactured
key locked trigger housing mechanism.
N.
On or across a cemetery or burial ground.
O.
Within 100 feet of a slide, ski or skating area, except
for the purpose of servicing the area or for medical emergencies.
P.
On a railroad or railroad right-of-way, except for railroad,
public utility or law enforcement personnel while in the performance of their
duties.
Q.
Unless it has at least one headlight, one taillight and
adequate brakes capable of stopping the vehicle.
R.
Or any residential lots laid out in a subdivision that
has been recorded in the Office of the Fayette County Recorder of Deeds whether
or not with the consent of the owner, lessee, or other person in control of
such property.
S.
In a manner that causes dust pollution on adjacent properties
or on public streets, roads, or alleys.
Any police officer, peace officer, ordinance enforcement officer, code
enforcement officer, or constable of the Township is authorized to issue nontraffic
citations for violations of the within article.
A.
Any person, firm or corporation who shall violate any
provision of this article, upon conviction thereof in an action brought before
a Magisterial District Judge in the manner provided for the enforcement of
summary offenses under the Pennsylvania Rules of Criminal Procedure, shall
be sentenced to pay a fine of not more than $100 for the first offense, $200
for the second offense and not more $1,000 plus costs for the third offense
and, in default of payment of said fine and costs, to a term of imprisonment
not to exceed 90 days. Each day that a violation of this article continues
or each section of this article which shall be found to have been violated
shall constitute a separate offense.
B.
Any person guilty of a violation of this article shall
also be subject to civil proceedings for damages and/or injunctive relief
by the property owner, firm or corporation injured or damaged by such violations.
C.
Both criminal and civil proceedings may be commenced
against a person violating this article and commencement of any such proceedings
shall not constitute an election of remedies preventing the commencement of
the other proceedings against such violator.
D.
The burden of proof is required by the defendant to prove
he/she had permission to ride a recreational vehicle upon any property, except
their own property.
